From: Dr M N Dyson <mnd21@cam.ac.uk>
To: Jason Neyers <jneyers@uwo.ca>
obligations@uwo.ca
Date: 03/11/2015 22:25:04 UTC
Subject: Re: ODG: Is projecting a message onto the side of another's building a trespass?

Dear Jason,

A fascinating question! I do not, off the top of my head, know of authority for something that is not physical trespassing. One can through objects, whether animate (like dogs) or inanimate. But waves, whether light or sound, or even heat, seems not to have generated much case law in trespass cf. nuisance. Ditto if one thinks of photons as particles, rather than waves, or of sound as vibrations. Given the original form of the writ one can see why. Water or other fluids might much more easily constitute trespass, and there are cases discussing that. Incidentally, I think trespass to the person could be committed by one of those means, and in criminal law there might well be liability too.

As ever
Matt

On 3 November 2015 18:16:16 GMT+00:00, Jason Neyers <jneyers@uwo.ca> wrote:
Dear Colleagues:

A poster on the American Torts Prof listserve asked the question of
whether projecting a message onto the side of another's building is a
trespass (or nuisance). Apparently this is becoming a popular protest
technique in the US. Does anyone know of any Commonwealth authority
dealing with this issue? I can think of nuisances case where the
reflecting or throwing of light has been at issue but nothing directly
on point.

Sincerely,

--
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